Michael Goldberg Image

Michael Goldberg

is a Partner at Pryor Cashman. He is a member of the firm’s Litigation, Intellectual Property and Media & Entertainment Groups, concentrates on complex corporate, commercial and intellectual property disputes for fashion and entertainment clients. Maintaining a deep and broad practice, Michael represents a wide range of clients – from individuals to large multinational corporations – involved in the design and manufacture of clothing, watches, jewelry and accessories. He has commenced and defended suits under the Lanham Act regarding trademark rights of branded apparel companies and litigates in courts across the country to protect his clients’ critical business interests and valuable intellectual property rights. Michael also regularly litigates copyright infringement and trade dress claims, disputes between licensors and licensees, and contractual issues related to the quality and timeliness of merchandise deliveries.

For more information or to contact Michael, please visit his Firm Profile Page.

Recent Articles by Michael Goldberg

Protecting Branded Apparel IP Assets: Pursuing Counterfeiters and Their Profits

Branded apparel companies face many challenges in protecting their IP assets, including the unavailability of copyright protection for fashion designs, the length of time necessary to secure a design patent, the challenge of securing secondary meaning required for a trade dress claim before the market is flooded with knock-offs, and the geographic and practical impediments to pursuing counterfeiters, who are often foreign-based and/or judgment proof.  Perhaps mindful of the limited statutory protections for IP assets and the significant damages being incurred at the hands of infringers, various courts, particularly in the Second and Ninth Circuits, have in recent years taken steps to enhance the alternatives available to apparel companies confronted by the scourge of knockoffs.  Specifically, such court decisions have (1) expanded the scope of potential contributorily liable actors, and (2) broadened the means of freezing and attaching assets of foreign counterfeiters.